The URL can be used to link to this page

Home My WebLink About27 - PH-1 - Attachment 7 - 11/3/2015ATTACHMENT 7 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING ZONING CODE AMENDMENT CO -14-02 TO AMEND COSTA MESA MUNICIPAL CODE TITLE 13 FOR A SITE-SPECIFIC DENSITY OF 54 DWELLING UNITS PER ACRE AND SITE-SPECIFIC BUILDING HEIGHT AT 2277 HARBOR BOULEVARD IN THE PDR -HD ZONE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, an application was filed by Diamond Star Associates, Inc., on behalf of owner of real properties located at 2277 Harbor Boulevard, requesting approval of the following: 1. Initial Study/Mitigated Negative Declaration (ISMND) (State Clearinghouse #2015091026). Adoption of the Initial Study - Mitigated Negative Declaration (IS - MND) for the project. 2. General Plan Amendment GP -14-04. Change the land use designation from General Commercial to High Density Residential. Per the applicant's request, the proposed base density is 166 units (40 du/acre) with a development incentive for an additional 58 dwelling units to be justified by (a) provision of 20 affordable units for moderate -income households and (b) complete demolition of the Costa Mesa Motor Inn. Therefore, for the 4.15 -acre project site the General Plan Amendment would specify an overall site-specific density of 54 du/acre for the proposed 224 -unit apartment complex and a site-specific building height for the 5 -level parking structure. 3. Rezone R-14-04. A rezone to change the zoning classification from C1 (Local Business District) to PDR -HD (Planned Development Residential — High Density). 4. Zoning Code Amendment CO -14-02. A zoning ordinance to amend Costa Mesa Municipal Code Title 13 to make specific references to the parcel, where appropriate, including the site-specific height and density for the development site in the PDR -HD zone and any other related changes. The proposed 224 -unit project would require an amendment to Table 13 58 (Planned Development Standards) to allow a site-specific density of 54 dwelling units per acre for this project. 5. Planning Application PA -14-27. A Master Plan application for the 224 -unit apartment project; WHEREAS, City Council approved the Initial Study/Mitigated Negative Declaration and adopted General Plan Amendment GP -14-04 by separate resolution to change the land use designation of the 4.15 -acre property at 2277 Harbor Boulevard from General Commercial to High Density Residential; WHEREAS, Rezone R-14-04 involves a change in the zoning district of real property located at 2277 Harbor Boulevard from C-1 (Local Business District) to PDR - HD (Planned Development Residential -High Density); WHEREAS, Zoning Code Amendment CO -14-02 will amend Costa Mesa Municipal Code Title 13 to make specific references to the parcel, where appropriate, including the site-specific height and density for the development site in the PDR -HD zone and any other related changes. The proposed 224 -unit project would require an amendment to Table 13-58 (Planned Development Standards) to allow a site-specific density of 54 dwelling units per acre for this project. WHEREAS, a Master Plan application PA -14-27 is for the proposed development of a four-story 224 -unit residential apartment. SECTION 1. CODE AMENDMENT. The revised Table 13-58 is presented with changes as underlined and italicized below: Revised Table 13-58 (Planned Development Standards) Development PDR -LD PDR -MD PDR -HD PDR -NCM PDC PDI Standard Maximum Density 8 12 20 35 20 per Section 13-59 MAXIMUM Note: See North Note: The maximum DENSITY Costa Mesa Specific density for 1901 Newport CRITERIA. Plan for exceptions. Boulevard is 40 dwelling Note: The maximum units per acre. See North (dwelling units per density for 125 East Costa Mesa Specific Plan acre) Baker Street is for exceptions. 58 dwelling units per acre (CO -13-02). Note: The maximum density for 2277 Harbor Boulevard is 54 dwelGna units per acre (GO -14 -UL __-10— SECTION 2. ENVIRONMENTAL DETERMINATION. The proposed rezone was processed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and circulated from September 11, 2015 to October 10, 2015. The City Council found that proposed residential project will not have a significant negative impact on the environment with the incorporation of the mitigation measures identified in the IS/MND. SECTION 3. INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. PUBLICATION. This ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and, prior to the expiration of fifteen (15) days from its passage, shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 3rd day of November, 2015. ATTEST: STEPHEN M. MESSINGER Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 15_ as considered at a regular meeting of said City Council held on the 3rd day of November, 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 3rd day of November, 2015, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2015